DEEPAK GUPTA
National Insurance Company Ltd. – Appellant
Versus
Naresh Kumar – Respondent
2. On 17-2-2001 at about 11.00 p.m. an accident took place between jeep No. HP-12-1711 and truck No. HIS 9211. A number of claim petitions were filed and the learned Tribunal held that the accident took place due to rash and negligent driving of Jagtu, driver of the truck which was owned by Bahadur Singh. Compensation was awarded and the Insurance Company was held liable to pay compensation.
3. The dispute raised by the Insurance Company is that on the date of accident the truck was not insured with it. The admitted facts are that a cover note was issued by the appellant-Insurance Company in favour of Bahadur Singh, owner of the truck No. HIS 9211 whereby truck was insured w.e.f. 21-4-2000 to 20-4-2001. The payment of premium was made by Bahadur Singh, owner of the truck, vide cheque No. 989130, dated 19-4-2000, Ex.PW-3/A. Consequent to the issuance of the cover note, the Insurance Company also issued a policy of insurance, Ex. RW-3/B. This cover note was issued on the consideration of the cheque. The cheque was sent for encashment
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